Bill Text: GA SB200 | 2009-2010 | Regular Session | Comm Sub
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Transforming Transportation Investment Act; create State Transportation Agency; definitions; purposes; abolish State Road/Tollway Authority
Spectrum: Partisan Bill (Republican 6-0)
Status: (Passed) 2009-05-11 - Effective Date [SB200 Detail]
Download: Georgia-2009-SB200-Comm_Sub.html
Bill Title: Transforming Transportation Investment Act; create State Transportation Agency; definitions; purposes; abolish State Road/Tollway Authority
Spectrum: Partisan Bill (Republican 6-0)
Status: (Passed) 2009-05-11 - Effective Date [SB200 Detail]
Download: Georgia-2009-SB200-Comm_Sub.html
09 LC
34 2310ERS
The
House Committee on Transportation offers the following substitute to SB
200:
A
BILL TO BE ENTITLED
AN ACT
AN ACT
To
amend Title 32 of the Official Code of Georgia Annotated, relating to highways,
bridges, and ferries, so as to provide for a division and a director of
planning; to provide for the development of transportation plans for the state;
to specify certain duties for the commissioner of transportation; to specify
certain duties for the State Transportation Board; to provide for an
organizational structure within the department; to provide a timetable for
completion and reporting of transportation plans; to provide for investment
policies to guide transportation planning; to provide for the appointment of the
director of planning; to provide for identifying and constructing projects with
private investment; to provide for priority of expenditures; to provide for the
development of allocation formulas for available funding; to amend Article 2 of
Chapter 32 of Title 50 of the Official Code of Georgia Annotated, relating to
the jurisdiction of the Georgia Regional Transportation Authority, so as to
remove a planning function of the authority; to provide for related matters; to
provide for an effective date; to repeal conflicting laws; and for other
purposes.
BE
IT ENACTED BY THE GENERAL ASSEMBLY OF GEORGIA:
SECTION
1.
Title
32 of the Official Code of Georgia Annotated, relating to highways, bridges, and
ferries, is amended in Code Section 32-2-1, relating to the composition of the
Department of Transportation, by revising said Code section as
follows:
"32-2-1.
The
Department of Transportation shall consist of the State Transportation Board,
the commissioner of transportation,
the director
of planning, the deputy commissioner of
transportation, the chief engineer, the treasurer and the assistant treasurer of
transportation, and such subordinate employees as may be deemed necessary by the
commissioner
or the
director of planning."
SECTION
2.
Said
title is further amended in Code Section 32-2-20, relating to the State
Transportation Board generally, by revising subsection (f) of said Code section
as follows:
"(f)
The members of the board shall receive no salary but shall receive for each day
of actual attendance at meetings of the board and the committee meetings the per
diem and transportation costs prescribed in Code Section 45-7-21. A like sum
shall be paid for each day actually spent in studying the transportation needs
of the state or attending other functions as a representative of the board, not
to exceed 60 days in any calendar year.
No per diem
shall be paid for meetings of the board conducted by conference
call. In addition, they shall receive
actual transportation costs while traveling by public carrier or the legal
mileage rate for the use of a personal automobile in connection with such
attendance and road study. Such per diem and expense shall be paid from funds
appropriated to the department upon presentation, by members of the board, of
vouchers approved by the chairperson and signed by the
secretary."
SECTION
3.
Said
title is further amended in Code Section 32-2-21, relating to the powers and
duties of the State Transportation Board generally, by revising said Code
section as follows:
"32-2-21.
The
board shall be charged with the general control and supervision of the
department. In the exercise of such general control and supervision, the board
shall have such duties, powers, and authority as are expressly vested in it by
this title, including but not limited to:
(1)
Designation of public roads on the state highway system;
(2)
Approval of negotiated construction contracts, of authority lease agreements, or
of the advertising of nonnegotiated construction contracts;
and
(3)
Confirmation or rejection of the recommendation for appointment of the following
department officers: the deputy commissioner, the chief engineer, and the
treasurer and the assistant treasurer of the department; and
(4)(3)
Approval of all long-range plans and programs of the
department."
SECTION
4.
Said
title is further amended by adding after Code Section 32-2-21, relating to the
powers and duties of the State Transportation Board generally, a new Code
Section 32-2-22 to read as follows:
"32-2-22.
(a)
As used in this chapter and in Article 2 of Chapter 5 of this title, the
term:
(1)
'Director' means the director of planning provided for by Code Section
32-2-43.
(2)
'Division' means the Planning Division of the department provided for by
paragraph (4) of subsection (b) of Code Section 32-2-41.
(3)
'Metropolitan planning organization' means the forum for cooperative
transportation decision making for a metropolitan planning area.
(4)
'Metropolitan transportation plan' means the official intermodal transportation
plan that is developed and adopted through the metropolitan transportation
planning process for a metropolitan planning area.
(5)
'Nonmetropolitan area' means a geographic area outside the designated
metropolitan planning areas.
(6)
'State-wide strategic transportation plan' means the official, intermodal,
comprehensive, fiscally constrained transportation plan which includes projects,
programs, and other activities to support implementation of the state's
strategic transportation goals and policies. This plan and the process for
developing the plan shall comply with 23 C.F.R. Section 450.104.
(7)
'State-wide transportation improvement program' means a state-wide prioritized
listing of transportation projects covering a period of four years that is
consistent with the state-wide strategic transportation plan, metropolitan
transportation plans, and transportation improvement programs and required for
multi-modal projects to be eligible for funding under Title 23 U.S.C. and Title
49 U.S.C. Chapter 53.
(8)
'Transportation improvement program' means a prioritized listing of
transportation projects covering a period of four years that is developed and
formally adopted by a metropolitan planning organization as part of the
metropolitan transportation planning process, consistent with the metropolitan
transportation plan, and required for projects to be eligible for funding under
Title 23 U.S.C. and Title 49 U.S.C. Chapter 53.
(b)
The director and the division shall:
(1)
Review and make recommendations to the Governor concerning all proposed regional
land transportation plans and transportation improvement programs and negotiate
with the propounder of the plans concerning changes or amendments which may be
recommended by the department or the Governor, consistent with applicable
federal law and regulation;
(2)
Review any transportation projects proposed by the department and adopt, remove,
or otherwise include such projects as all or a portion of department plans,
consistent with applicable federal law and regulation;
(3)
Develop the state-wide strategic transportation plan and the state-wide
transportation improvement program and support the various transportation
improvement programs;
(4)
Develop an annual capital construction project list to be reviewed by the
Governor and submitted to the General Assembly for consideration in the
budget;
(5)
Promulgate rules and regulations necessary to carry out its duties under the
provisions of this title. The division shall report the content of such rules
or regulations to the Transportation Committees of the Senate and House of
Representatives for their approval by majority vote prior to the promulgation
thereof; and
(6)
Do all things necessary or convenient to carry out the powers expressly given in
this Code section.
(c)
After review and approval by the Governor, the state transportation improvement
program and the state-wide strategic transportation plan shall be submitted to
the State Transportation Board for
approval."
SECTION
5.
Said
title is further amended by revising Code Section 32-2-41, relating to the
powers, duties, and authority of the commissioner of transportation, as
follows:
"32-2-41.
(a)
As the chief executive officer of the department, the commissioner shall have
direct and full control of the department. He
or
she shall possess, exercise, and perform
all the duties, powers, and authority which may be vested in the department by
law, except those duties, powers, and authority which are expressly reserved by
law to the board
or the
director of planning. The commissioner's principal responsibility shall be the
faithful implementation of transportation plans produced by the director of
planning and approved by the Governor and the State Transportation Board,
subject to the terms of such appropriations Acts as may be adopted from time to
time. When the board is not in regular or
called session, the commissioner shall perform, exercise, and possess all
duties, powers, and authority of the board except:
(1)
Approval of the advertising of nonnegotiated construction contracts;
and
(2)
Approval of authority lease
agreements;
(3)
Confirmation or rejection of the recommendation for appointment of the following
department officers: the deputy commissioner; the chief engineer; and the
treasurer and the assistant treasurer of the department; and
(4)
Approval of long-range plans and programs of the
department.
The
commissioner shall also have the authority to exercise the power of eminent
domain and to execute all contracts, authority lease agreements, and all other
functions except those that cannot legally be delegated to him
or
her by the board.
(b)(1)
The commissioner shall have the authority to employ, discharge, promote,
supervise, and determine the compensation of such personnel as he or she may
deem necessary or useful to the effective operation and administration of the
department except that the commissioner shall not employ a person who is related
within the second degree of consanguinity to the commissioner or any member of
the board, provided that such prohibition shall not be applied so as to
terminate the employment of persons employed before said prohibited relationship
was created by the subsequent election of a board member or appointment of a
commissioner.
The
commissioner shall also have the authority to create, staff, abolish, and
regulate such organizational elements as may be deemed necessary or proper for
the efficient operation of the department.
(2)
Notwithstanding the provisions of subsection (b) of Code Section 32-6-29, the
commissioner shall have the authority to appoint and employ five nonuniformed
investigators who shall be certified peace officers pursuant to the provisions
of Chapter 8 of Title 35, the 'Georgia Peace Officer Standards and Training
Act.' The investigators shall have full arrest powers in cases involving
internal affairs of the department and in cases involving obstruction of,
encroaching on, or injury to public roads or rights of way. In such cases, the
investigators shall be authorized:
(A)
To investigate Department of Transportation related crimes committed anywhere in
the state;
(B)
To arrest any person violating the criminal laws of this state;
(C)
To serve and execute warrants after notifying the law enforcement agency of the
local jurisdiction of the intent to serve such warrant or warrants;
(D)
To enforce in general the criminal laws of this state;
(E)
To issue citations for civil damage to any person found to be violating the
laws, rules, and regulations pertaining to vegetation management;
and
(F)
To carry firearms while performing their duties but only if such investigators
have been certified by the Georgia Peace Officer Standards and Training Council
as having successfully completed the course of training required by Chapter 8 of
Title 35, the 'Georgia Peace Officer Standards and Training Act.'
(3)
The power granted to the commissioner in paragraph (1) of this subsection shall
be subject to and limited by Article 1 of Chapter 20 of Title 45 establishing a
merit system for department employees, to the extent that the same or any
amendments thereto are now or may be hereafter applicable to department
personnel.
(4)
There shall be a Planning Division of the department, directed and staffed by
the director of planning, which shall be the department's principal unit for
developing the state transportation improvement program and the state-wide
strategic transportation plan and coordinating transportation policies,
planning, and programs related to design, construction, maintenance, operations,
and financing of transportation, under the supervision of the director. The
division and the director shall not have jurisdiction over the funds allocated
for the local maintenance and improvement grant program pursuant to subsection
(d) of Code Section 32-5-27 except as expressly provided by said
subsection.
(5)
There shall be an Engineering Division of the department to be supervised by the
chief engineer, a Finance Division of the department to be supervised by the
treasurer, an Administration Division of the department to be supervised by the
deputy commissioner, and a Local Grants Division to be supervised by an
appointee serving at the pleasure of the commissioner. The duties,
responsibilities, and personnel of each such division shall be as established by
the commissioner.
(6)
The commissioner may establish a Construction Division, an Operations and
Maintenance Division, a Permitting Division, and a Public-Private Initiatives
Division of the department. The commissioner shall assign to such divisions,
except as otherwise provided by law, such personnel and such duties and
responsibilities as may be necessary and appropriate for the proper functioning
of the department."
SECTION
6.
Said
title is further amended in Code Section 32-2-41.1, relating to progress report
and strategic transportation plan, by revising subsection (a) of said Code
section as follows:
"(a)
On or before
September
1, 2008
October 15,
2009, the
commissioner
director
shall prepare a report for the Governor, the Lieutenant Governor, the Speaker of
the House of Representatives, and the chairpersons of the Senate Transportation
Committee and the House Committee on Transportation, respectively, detailing the
progress the
department
division
has made on preparing a State-wide Strategic Transportation Plan. The
commissioner
director
shall deliver a draft of the plan for comments and suggestions by members of the
General Assembly and the Governor on or before
January 1,
2009
December 31,
2009. Comments and suggestions by the
House and
Senate Transportation Committees of the
General Assembly and the Governor shall be submitted to the
commissioner
director
no later than
February
15, 2009
February 15,
2010. This plan shall include a list of
projects realistically expected to begin construction within the next
five
four
years, the cost of such projects, and the source of funds for such projects.
The plan shall
also detail
how the listed projects will help to mitigate congestion, improve air quality,
improve public safety, increase mobility, and encourage economic
development
be developed
with consideration of investment policies addressing:
(1)
Growth in private-sector employment, development of work force, and improved
access to jobs;
(2)
Reduction in traffic congestion;
(3)
Improved efficiency and reliability of commutes in major metropolitan
areas;
(4)
Efficiency of freight, cargo, and goods movement;
(5)
Coordination of transportation investment with development patterns in major
metropolitan areas;
(6)
Market driven travel demand management;
(7)
Optimized capital asset management;
(8)
Reduction in accidents resulting in injury and loss of life;
(9)
Border-to-border and interregional connectivity; and
(10)
Support for local connectivity to the state-wide transportation
network.
The
investment policies provided for in paragraphs (1) through (10) of this
subsection shall also guide the development of the allocation formula provided
for under Code Section 32-5-27 and shall expire on April 15, 2012, and every
four years thereafter unless amended or
renewed. The final version of the
State-wide Strategic Transportation Plan shall be completed by
June 30,
2009
April 10,
2010, and shall be delivered to the
Governor, the Lieutenant Governor, the Speaker of the House of Representatives,
and the chairpersons of the Senate Transportation Committee and the House
Committee on
Transportation.
A report detailing the progress of projects and programs
in
on or
before that date. An updated version of
the State-wide Strategic Transportation Plan shall be prepared and delivered
annually
semiannually
thereafter,
and a revised version shall be prepared and delivered at least biennially
thereafter."
SECTION
7.
Said
title is further amended in Code Section 32-2-41.2, relating to benchmarks and
value engineering studies to be developed by the commissioner of transportation,
by revising subsections (b) and (d) as follows:
"(b)
The
commissioner
director
shall submit
an
annual
a
semiannual report to the Governor,
the
Lieutenant Governor, the Speaker of the House of Representatives, and the
chairpersons of the House and Senate Transportation Committees detailing the
progress of every construction project valued at $10 million or more against the
benchmarks. This report shall include an analysis explaining the discrepancies
between the benchmarks and actual performance on each project as well as an
explanation for delays. This report shall also be published on the website of
the department."
"(d)
Value engineering studies shall be performed on all projects whose costs exceed
$10 million, and the
commissioner
director
shall submit an annual report to the Governor,
the
Lieutenant Governor, the Speaker of the House of Representatives, and the
chairpersons of the House and Senate Transportation Committees detailing the
amount saved due to the value engineering studies. This report shall also be
published on the website of the department."
SECTION
8.
Said
title is further amended in Code Section 32-2-42, relating to the appointment of
a deputy commissioner of transportation, chief engineer, treasurer, and
assistant treasurer, by revising said Code section as follows:
"32-2-42.
(a)
The commissioner shall appoint a deputy commissioner of
transportation,
whose appointment shall be subject to the approval of the
board, to serve at the pleasure of the
commissioner. Before assuming the duties of his
or
her office, the deputy commissioner shall
qualify by giving bond with a corporate surety licensed to do business in this
state, such bond to be in the amount of
$100,000.00
$500,000.00
and payable to the Governor and his
or
her successors in office. The bond shall
be subject to the approval of the Governor and shall be conditioned on the
faithful discharge of the duties of the office, including any duties of the
office of the commissioner which the deputy commissioner may be required to
perform as acting commissioner. The premium for the bond shall be paid out of
the funds of the department. The deputy commissioner shall be the assistant
commissioner and shall be empowered to act in his
or
her own name for the commissioner. The
deputy commissioner may exercise to the extent permitted by law only such powers
and duties of the commissioner as have been previously assigned to him
or
her in writing by the commissioner. In
the event of the commissioner's temporary incapacity which causes his
or
her absence from the
offices of
the Department of Transportation
Building
in Atlanta, Georgia, for 30 consecutive days, the deputy commissioner shall
assume all the powers and duties of the commissioner, to be exercised until such
time as the commissioner's temporary absence or incapacity shall cease. In the
event of the commissioner's permanent incapacity, the deputy commissioner shall
become acting commissioner, as provided in subsection (c) of Code Section
32-2-40.
(b)
The commissioner shall appoint a chief
engineer,
whose appointment shall be confirmed or rejected by the board at the next
regular board meeting following his or her
appointment, to serve at the pleasure of
the commissioner. The chief engineer shall be the chief engineer of the
department and shall be a professional engineer registered in accordance with
Chapter 15 of Title 43 and who shall be experienced in highway
engineering.
(c)
The commissioner shall appoint a treasurer of the
department,
whose appointment shall be confirmed or rejected by the board at the next
regular board meeting following his
appointment, to serve at the pleasure of
the
board
commissioner.
Before assuming the duties of his
or
her office, the treasurer shall qualify by
giving bond with a corporate surety licensed to do business in this state, such
bond to be in the amount of
$100,000.00
$500,000.00
and payable to the Governor and his
or
her successors in office. The bond shall
be subject to the approval of the Governor and shall be conditioned on the
faithful discharge of the duties of the office. The premium for the bond shall
be paid out of the funds of the department. The duties of the treasurer shall
be to receive all funds from all sources to which the department is entitled, to
account for all funds received by the department, and to perform such other
duties as may be required of him
or
her by the commissioner. The commissioner
shall have the authority to appoint an assistant treasurer in the same manner
and under the same conditions as set forth in this subsection for the
appointment of the treasurer, including the qualifying in advance by giving bond
of the same type, amount, and paid for in the same manner as required of the
treasurer. The assistant treasurer shall assume the duties of office of
treasurer upon the incapacity or death of the treasurer and shall serve until a
new treasurer is appointed as provided in this subsection.
(d)
Any provision of this title or of any other statute or of any rule or regulation
to the contrary notwithstanding, the commissioner or the deputy commissioner
may, in addition to serving as commissioner or deputy commissioner, also
simultaneously serve as chief engineer, provided that he or she shall be
appointed
and
confirmed and shall possess the
qualifications as prescribed in subsection (b) of this Code section. A
commissioner or deputy commissioner simultaneously serving as chief engineer
shall be paid for the discharge of all his or her duties the sum to which he or
she is entitled as commissioner or deputy commissioner."
SECTION
9.
Said
title is further amended by adding after Code Section 32-2-42, relating to the
appointment of a deputy commissioner of transportation, chief engineer,
treasurer, and assistant treasurer, a new Code Section 32-2-43 to read as
follows:
"32-2-43.
(a)
There shall be a director of planning appointed by the Governor. The director
shall serve during the term of the Governor by whom he or she is appointed and
at the pleasure of the Governor. Before assuming the duties of his or her
office, the director shall qualify by giving bond with a corporate surety
licensed to do business in this state, such bond to be in the amount of
$500,000.00 and payable to the Governor and his or her successors in office.
The bond shall be subject to the approval of the Governor and shall be
conditioned on the faithful discharge of the duties of the office. The premium
for the bond shall be paid out of the funds of the department.
(b)
The director of planning's principal responsibility shall be the development of
transportation plans, including the development of the state-wide strategic
transportation plan and state-wide transportation improvement program and other
comprehensive plans pursuant to the provisions of Code Section 32-2-3 and Code
Section 32-2-22, strategic transportation plans pursuant to the provisions of
Code Section 32-2-41.1, and benchmarks and value engineering studies pursuant to
the provisions of Code Section 32-2-41.2, in consultation with the board, the
Governor, and the commissioner. The director shall be the director of the
Planning Division of the department and shall possess, exercise, and perform all
the duties, powers, and authority which may be vested in the such division by
law and are necessary or appropriate for such purpose, except those duties,
powers, and authority which are expressly reserved by law to the board or the
commissioner."
SECTION
10.
Said
title is further amended by striking in their entirety Code Section 32-2-78,
relating to definitions, Code Section 32-2-79, relating to requirements for
solicited and unsolicited proposal for public-private initiative, and Code
Section 32-2-80, relating to authority to contract with proposer for
public-private initiative, and inserting in lieu thereof respectively a new Code
Section 32-2-78, a new Code Section 32-2-79 and a new Code Section 32-2-80 to
read as follows:
"32-2-78.
As
used in this Code section and Code Sections 32-2-79 and 32-2-80, the
term:
(1)
'Participating local governing authority' includes the governing authority of
any county or municipality whose geographical jurisdiction includes the
project.
(2)
'Project' means a project which the department deems appropriate for letting
pursuant to the procedures of Code Section 32-2-79 and Code Section
32-2-80.
32-2-79.
(a)
The staff of the department shall jointly identify and report to the board by
July 31 of each odd-numbered year those projects on the state-wide
transportation improvement program or otherwise identified that afford the
greatest gains in congestion mitigation or promotion of economic
development.
(b)
Any project identified pursuant to subsection (a) of this Code section that will
not be initiated within two years of the reporting date or that does not have
specific available and complete funding may be let and constructed utilizing the
procedures of this Code section and Code Section 32-2-80. All personnel of the
department shall cooperate in all respects in the letting, construction,
maintenance, and operation of such projects, including without limitation
providing such access and control of portions of the state highway system as may
be requested or required from time to time for such purposes.
(c)
Projects wholly or partly in a metropolitan planning area shall be included in a
fiscally constrained transportation improvement program.
32-2-80.
(a)(1)
The department shall evaluate a project to determine, in the judgment of the
department, appropriate or desirable levels of state, local, and private
participation in financing such project. In making such determination, the
department shall be authorized and encouraged to seek the advice and input of
the affected local governing authorities, applicable metropolitan planning
organizations, and the private financial and construction sectors.
(1.1)
No constitutional officer or member of the State Transportation Board shall
serve as an agent, lobbyist, or board member for any entity directly or
indirectly under contract with or negotiating a contract with the department
under this Code section for one year after leaving his or her position as a
constitutional officer or member of the State Transportation Board.
(2)
For projects that are funded or financed in part or in whole by private sources,
the department shall be authorized to issue a written request for proposal
indicating in general terms the scope of the project, the proposed financial
participations in the project, and the factors that will be used in evaluating
the proposal and containing or incorporating by reference other applicable
contractual terms and conditions, including any unique capabilities or
qualifications that will be required of the contractor. Public notice of such
request for proposal shall be made at least 90 days prior to the date set for
receipt of proposals in substantially the same manner utilized by the department
to solicit requests for proposals or by posting the legal notice on a website
maintained for such purpose by the Secretary of State.
(3)
Upon receipt of a proposal or proposals responsive to the request for proposals,
the department shall accept written public comment, solicited in the same manner
as provided for notice of proposals, for a period of 30 days beginning at least
ten days after the date set for receipt of proposals. In addition, the
department shall hold at least one public hearing on such proposals not later
than the conclusion of the period for public comment.
(4)
The department shall engage in individual discussions with two or more
respondents deemed fully qualified, responsible, and suitable on the basis of
initial responses and with emphasis on professional competence and ability to
meet the level of private financial participation called for by the department.
Repetitive informal interviews shall be permissible. In the event that any
local governing authority has agreed to consider financial participation in the
project, a representative of such local governing authority, appointed by such
local governing authority, may participate in such discussions and interviews.
At the discussion stage, the department may discuss estimates of total project
costs, including, but not limited to, life cycle costing and nonbinding
estimates of price for services. Proprietary information from competing
respondents shall not be disclosed to the public or to competitors. At the
conclusion of such discussions, on the basis of evaluation factors published in
the request for proposal and all information developed in the selection process,
the department, with the input of any participating local governing authority,
shall select in the order of preference two or more respondents whose
qualifications and proposed services are deemed most meritorious. Negotiations
shall then be conducted with two or more respondents and with the participation
of the designated representative of any participating local governing authority.
Upon approval by the department, the commissioner shall select the respondent
for project implementation based upon contract terms that are the most
satisfactory and advantageous to the state and to the department based upon a
thorough assessment of value and the ability of the final project's
characteristics to meet state strategic goals and investment policies as
provided for by paragraphs (1) through (10) of subsection (a) of Code Section
32-2-41.1. Before making such selection, the commissioner shall consult with
any participating local governing authority or authorities. Notwithstanding the
foregoing, if the terms and conditions for multiple awards are included in the
request for proposal, the department may award contracts to more than one
respondent. Should the department determine in writing and in its sole
discretion that only one respondent is fully qualified, or that one respondent
is clearly more highly qualified and suitable than the others under
consideration, a contract may be negotiated and awarded to that
respondent.
(5)
Nothing in this Code section shall require the department to continue
negotiations or discussions arising out of any request for
proposal.
(6)
The department shall be authorized to promulgate reasonable rules or regulations
to assist in its evaluation of the proposal and to implement the purposes of
this Code section. The department shall report the content of such rules or
regulations to the Transportation Committees of the Senate and House of
Representatives for their approval by majority vote prior to the promulgation
thereof and shall make quarterly reports to the same chairpersons of all of its
activities undertaken pursuant to the provisions of this Code
section.
(b)
Any contracts entered into pursuant to this Code section may authorize funding
to include tolls, fares, or other user fees and tax increments for use of the
project that is the subject of the proposal. Such funding may be distributed by
contract among the participants in the project as may be provided for by
contract. The department may take any action to obtain federal, state, or local
assistance for a qualifying project that serves the public purpose of this Code
section and may enter into any contracts required to receive such assistance.
The department may determine that it serves the public purpose of this Code
section for all or any portion of the costs of a qualifying project to be paid,
directly or indirectly, from the proceeds of a grant or loan made by the
federal, state, or local government or any instrumentality thereof. The
department may agree to make grants or loans to the operator from time to time
from amounts received from the federal, state, or local government or any agency
or instrumentality thereof.
(c)
The commissioner shall be authorized to delegate such duties and
responsibilities under this Code section as he or she deems appropriate from
time to time; provided, however, that the final approval of contracts provided
for in this Code section shall be by action of the State Transportation
Board.
(d)
The power of eminent domain shall not be delegated to any private entity with
respect to any project commenced or proposed pursuant to this Code
section.
(e)
Any contract for a public-private partnership shall require the private partner
or each of its prime contractors to provide performance and payment security.
Notwithstanding any other provision of law, the penal sum or amount of such
security may be less than the price of the contract involved, based upon the
department's determination on a project-by-project basis of what sum may be
required to adequately protect the department, the state, and the contracting
and subcontracting
parties."
SECTION
11.
Said
title is further amended by revising paragraph (5) of Code Section 32-5-21,
relating to priority of expenditures from the State Transportation Fund as
follows:
"(5)
As directed
from time to time by appropriations Acts;
and
Next, a sum
equal to at least 15 percent of the State Public Transportation Fund, said sum
to be used as follows:
(A)
One-third to pay all or part of the costs of the planning, surveying,
constructing, improving, paving, and completing public roads not on the state
highway system;
(B)
One-third to pay all or part of the costs of planning, surveying, constructing,
improving, and paving public roads on the state highway system; and
(C)
The remaining one-third to pay all or part of the costs of planning, surveying,
constructing, reconstructing, paving, and improving the public roads of Georgia
determined by the department to be most in need of such work;
and"
SECTION
12.
Said
title is further amended by adding at the end of Article 2 of Chapter 5 thereof,
relating to the State Public Transportation Fund, a new Code Section 32-5-27, to
read as follows:
"32-5-27.
(a)
The Planning Division of the department and the director of planning shall
develop an allocation formula for:
(1)
A state-wide transportation asset management program;
(2)
A state-wide transportation asset improvement program; and
(3)
A local maintenance and improvement grant program.
Funds
from the State Public Transportation Fund shall be allocated by the department
pursuant to such formula as further defined in subsections (b) through (d) of
this Code section and as appropriated by the General Assembly. Every four
years, concurrent with the renewal of the state-wide strategic transportation
plan, the division, and the director shall update the data used in the
allocation formula and shall review the distributional components of the formula
and at such time may amend the formula as necessary to support implementation of
the plans provided for in Code Section 32-2-22.
(b)
Funds appropriated for the state-wide transportation asset management program
shall be allocated pursuant to the long-range state-wide strategic
transportation plan and shall be available for administration, maintenance,
operations, and rehabilitation of infrastructure.
(c)(1)
Funds allocated for the state-wide transportation asset improvement program
shall be allocated for capital construction projects, which may include new
capacity, expansion of current infrastructure, safety improvements, or
completion of, additions to, and capital improvement of state strategic
corridors and economic development highways, including but not limited to those
identified pursuant to Code Section 32-4-22. Recommendations for appropriation
to the state-wide transportation asset improvement program shall include
consideration of current and future regional population and regional employment.
Local funding matches may be required.
(2)
A portion of this allocation shall be a specific itemized and prioritized
project list and such portion shall be not less than 10 percent nor more than 20
percent of the aggregate allocation from the State Public Transportation Fund,
subject to and consistent with the provisions of the state-wide transportation
improvement program, for such fiscal year. In developing such project list the
division and the director may accept project recommendations from the
Transportation Committees of the Senate and the House of Representatives, the
Governor, metropolitan planning organizations, and nonmetropolitan areas. Such
projects shall be prioritized in accordance with the state-wide strategic
transportation plan. The division and the director shall submit such
prioritized capital construction projects to the Governor for consideration in
advance of the legislative session each year. The Governor shall submit all or
a portion of such capital construction project requests as part of the
Governor's budget recommendations to the General Assembly. The General Assembly
may appropriate funds to any project on the prioritized project
list.
(3)
In addition to the portion of the state-wide transportation asset improvement
program subject to the 10 percent limitation in paragraph (2) of this
subsection, additional funds from the State Public Transportation Fund may be
allocated to the state-wide transportation asset improvement program that are
not subject to specific project selection.
(d)
Funds allocated for the local maintenance and improvement grant program shall
replace funds formerly available under the local assistance road program and
state-aid program and shall be allocated by the Local Grants Division of the
department to local governing authorities as grants or otherwise according to a
funding formula developed by the division and the director. Such formula shall
include considerations of paved and unpaved lane miles and vehicle miles
traveled and may include population, employment, and local funding matches
available, as well as other factors as may be determined by the division and the
director. Funds allocated each fiscal year for the local maintenance and
improvement grant program shall be not less than 10 percent nor more than 20
percent of the money derived from motor fuel taxes received by the state in the
immediately preceding fiscal year, less the amount of refunds, rebates, and
collection costs authorized by law and shall be used only for the purposes
available for the proceeds of such taxes. Grants of such funds shall include
provisions requiring adherence to adequate roadway standards, accounting
practices, and applicable transportation plans. Additional allocations to this
program from other funding sources shall be allocated subject to the
requirements for usage attached to such funds.
(e)
Funds allocated or appropriated pursuant to the provisions of this Code section
shall not be subject to redirection or reservation pursuant to Chapter 12 of
Title 45 or to budgetary reduction except as provided by subparagraph (b) of
Paragraph VI of Section IX of Article III of the
Constitution.
(f)
Information pertaining to all funds received and expended by, through, or from
the department, including but not limited to project numbers, let dates,
estimated costs, actual costs, estimated completion date, status, priority
ranking, congressional, House, and Senate districts, vendor names, contract
amounts, and other pertinent contract information, shall be published on the
website of the department as data in structured format. As used in this
subsection, 'structured format' means data that is presented in machine readable
format."
SECTION
13.
Article
2 of Chapter 32 of Title 50 of the Official Code of Georgia Annotated, relating
to the jurisdiction of the Georgia Regional Transportation Authority, is amended
by revising paragraph (29) of subsection (a) of Code Section 50-32-11, relating
to powers of the authority, as follows:
"(29)
To review
and make recommendations to the Governor concerning all proposed regional land
transportation plans and transportation improvement programs prepared by
metropolitan planning organizations wholly or partly within the geographic area
over which the authority has jurisdiction pursuant to this chapter, and to
negotiate with such metropolitan planning organizations concerning changes or
amendments to such plans which may be recommended by the authority or the
Governor consistent with applicable federal law and regulation, and to adopt
such regional plans as all or a portion of its own regional
plans
Reserved;"
SECTION
14.
This
Act shall become effective upon its approval by the Governor or upon its
becoming law without such approval.
SECTION
15.
All
laws and parts of laws in conflict with this Act are repealed.